bailiff took keys and v5 out of car and will be back tmrw - HELP ASAP please

[djwillyk]

Yesterday at about 7 oclock my partner went outside to find her car clamped!!!

she came upstairs crying and i went down.

 

After about five minutes a man appered and said my name and i said yes,

he said i have clamped your car for unpayment of a parking fine?

I said to him for one i dont know what your talking about and two thats not my car.

 

He said its your name on the ownership to which i said i am the registerd keeper because im responsable for the tax as ive been using it since she had a miscarrage.

He said got any proof its hers, thinking i was trying it on but she got her recipt and even showed him the money coming out on her bank statements, he said nah thats not proving nothing.

 

i said a parking fine cant be that much to which he said £800!!!!

i said we are on a very low income and benifits we cant afford that cant i pay in weekly installments,

he said no chance pay by 12pm next day or the cars going,

this is when he held up the spare key and the v5 for the car that he must of got out the glovebox

(car was left unlocked on drive as my partner had to carry the baby up and i had only just been dropped of by a friend.

 

To cut a long story short he threatend to smash the window on the car with the baby and my partner in

and to come in the house to take everything if i cant pay the full amount in cash.

 

He also damaged the wheel of the car badly whith the clamp.

 

i know i was wrong to do this but we have a sick baby and need the car at any time and my partner was going mad at me as its her car

so when he was gone as im a qualified mechanic i got the clamp off by dimantling all the suspension componants,

 

not one scratch was caused to the clamp and ive even been into the police to explain and they said its fine as long as it was not damaged

and i tell him he can collect (which ive done) they also said if he does not give the v5 and key back its theft.

 

Today ive been to cab

very nice but not the biggest help,

the police were a great help to where i stand in law,

 

the council who issued the ticket (say its nothing to do with them and im lying about not knowing anything about this,

magistraits court (they say its not a fine with them so i need to talk to the council),

 

Ive phoned newlyn (the lady said we dont get involved with our baliffs and slammed the phone down.

 

I really dont know what to do next,

im lost and my partner is so ill and down because of this and were scared to go out,

 

please someone help us please the car is well hidden away,

also noticed a large bootprint on our front door when got home?

 

Hes also posted a note saying a £250 charge for cutting clamp which i didnt do (i have the photos)

 

He said hes going to report the car stolen?

gods honest truth the first i heard of it was when he turned up

then this morning in the post there was a notice of seizure (great timing)

 

the cars not on hire purchase or anything like that

but we have the recipt from the garage and my partner has the proof in her bank statements that she paid for it,

like i said the only reason i am now the registerd keeper is because ive been using it

and taxing it since shes been ill and was told the person responsible for taxing it needs to be the registerd keeper.

 

 

he also sent me a text saying when its reported stolen who ever drives it will be arrested and taken to prison (he does not seem very clear on it himself)

 

My partner is taking the car to a bodyshop for an estimate on the wheel tomorrow

but the wheels that are on the car from when she bought it are very rare

alpina 19 inch magniseum wheels that on the internet are £700 a wheel!!!!!

[seanamarts]

Ok first off did you know that you had a PCN?

 

If not then you need to get in contact with the TEC.

http://www.justice.gov.uk/downloads/guidance/courts-and-tribunals/courts/bulk-centre/traffic-enforcement-centre/statutory-declarations/OOTApplicationPack.pdf

Fill out the forms and email them off to them, I would also call them. this will hold off the bailiff.

 

Ok once you have done this you need to start complaints. I would first write a complaint to the councils parking services. The council are wholly responsible for their agents actions. I would then get a complaint off to the bailiff company. Have you checked to see if the bailiff is certificated.

DONT call the bailiff any more, if he calls ignore him.

Did he leave any paperwork with you to inform you that he had seized the car.

 

Others will be along with more information that I may have missed out.

 

If you cannot find the name on the bailiff register then please PM me his name and I will find it for you. Dont mention his name when posting in here.

[ploddertom]

Are you saying you knew nothing about the original ticket? Since it was issued have you moved?

 

PT

[djwillyk]

the first i knew of the pcn was when the clamp was on the car, the lady at the council said i was lying and that 8!!! letters had been sent out, i can swear that i never knew anything about this.

I have not moved at all since i have been the registerd keeper.

[hallowitch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?210956-On-line-search-to-check-if-a-Bailiff-is-Certificated.....

 

 

have a look and tell us if he is certificated to newlyns

[djwillyk]

yes hes on there, he told my partner he was the boss of the baliffs?

[seanamarts]

yes hes on there, he told my partner he was the boss of the baliffs?

 

 

They all say that, its an ego thing

 

Get onto the TEC first thing monday.. In the mean time keep the car hidden and keep all doors and windows closed, by the way how much is the car worth.

[seanamarts]

By the way how long have you had the car, did you see any paper work with your name or address on it

[djwillyk]

The car is worth about £1500 but the wheels that are on it are worth that again, i told the police he said he was going to report it stolen and they had a little chuckle and said but its not his car. car is in a place they will never find it i even thought they were following me earlier (i was in a different car) but a friend pulled out infront of them and held them up, but could never be shure it was them.

 

Did i mention two more baliffs in vans turned up 5 mins after he did then left 5 mins later?

[seanamarts]

I would certainly keep all cars you own out of sight for a while until this matter has been sorted through TEC. Please make sure you call them on monday.. make sure you place a complaint with the parking services at the council also.

[djwillyk]

oh and my partner bought the car june last year i think and if you mean paperwork from him i had a notice of seizure and inventory with my name hand written, and hand written on the bottom is vehrcle (yes spelt like that) is seized under court warrent i hearby give 24 hours notice prior to vehicle being registerd stolen with police, please cal """""""""""" asap and pay £891-68

[seanamarts]

Did you see this warrant, or any other paperwork.

[tomtubby]

You should consider filing an Out of Time Application. For reasons that are unclear, the link above provides copies of the PE2 & PE3 which are only used for a small percentage of these applications. The forms that are most commonly used are the TE7 & TE9.

 

It is better to call TEC on monday morning and they will email a copy over to you. Their number is either:08457 045 007 or their landline number is: 01604 619450.

[ploddertom]

It would be interesting to see what address is filed if the OP has had nothing in the post.

[brassnecked]

One problem that MUST be addressed is that the bailiff took, and if the action is terminated due to a successful OOT at the TEC, effectively stole the vehicle documentation, As has happened with cowboy clampers, who have successfully applied to DVLA for change of keeper then sold the car, i would contact DVLA, and have them at least flag, that you have not transferred ownership, the bailiff could fill in the V5 and apply for transfer so they could get more for the motor at auction when they flog it if they find it, as it has a key with it , because the bailiff has taken a spare key according to the OP's original post, , he could just get in and drive it away , if he sees it, and the cheeky git will probably add a van/towing fee of around £200 for the privelige..

 

I hope some of the others on here can also comment on remedies for the effectively STOLEN V5 which could prove problematic whilst this matter is being sorted.

Edited January 28, 2012 by brassnecked

[djwillyk]

what next i feel so ill what have i done in a previous life!!! the so called friend where the car was hiddens boyfriend has damaged all the side of the car after sending texdt messages to move it now!!!!! i want to cry!!!

[josephbloggs]

After reading through the original post and thread, it sounds as though...

- you recieved a fine

- had numerous letters from the council

- had a warrant issued

- transferred the v5 from partner to you in an attempt to prevent any removal action

- ignored bailiff letters

- removed a clamp

- and are hiding the motor to avoid paying the fine.

 

If the vehicle isnt on finance and the bailiff has a levy upon the car, technically the vehicle is seized and belongs to the bailiff company until such time as the fine is paid or sold by auction.

You live with your partner i assume, and although she may of paid for the vehicle you are a couple so it could be argued your car and any other items in your property are jointly owned

[djwillyk]

After reading through the original post and thread, it sounds as though...

- you recieved a fine

- had numerous letters from the council

- had a warrant issued

- transferred the v5 from partner to you in an attempt to prevent any removal action

- ignored bailiff letters

- removed a clamp

- and are hiding the motor to avoid paying the fine.

 

If the vehicle isnt on finance and the bailiff has a levy upon the car, technically the vehicle is seized and belongs to the bailiff company until such time as the fine is paid or sold by auction.

You live with your partner i assume, and although she may of paid for the vehicle you are a couple so it could be argued your car and any other items in your property are jointly owned

 

 

I didnt recieve a fine or anything first i knew was the clamp on the car, im not trying to avoid paying the fine ive payed them all befor this at the first opertunity,

 

if your not going to read my post properly then please dont comment im so fragile at the moment and for quite a strong person even this comment as put me in tears, i dont need anymore people accusing me of lying or anything

[josephbloggs]

http://www.penaltychargenotice.co.uk/bus-lanes/enforcement-process/enforcement-process-diagram/

 

http://www.penaltychargenotice.co.uk/bus-lanes/enforcement-process/penalty-charge-notice-(pcn)/

 

the above are outlines of the process the local authority go through in order to recover a pcn, in particular the flow chart on the first link.

I am not accusing you of lying, but surely you must have received at least one of the letters from the council? You state you have not moved address since you transferred the v5 registration document into your name so the letters from the council will have gone to the current address.

[djwillyk]

All i can say is you have been very stupid!

 

When the bailiff clamped the car it is a seizure in the eyes of the law! You have removed the clamp and then hidden it and now it is damaged. Tough luck - dont try and be clever !!

 

There are other people on here that deserve Cag's help far more then you. Sorry but thats my opinion.

 

How am i trying to be cleaver, i was told to put this up here, i want to pay the fine i just want to stay within the law granted i took the clamp of but i have a verry ill child and need to get to hospital at the drop of a hat and panicked if i could not use the car to do it, nobody has to help on here and im soooo appreciative of any help.

 

I suffer with dislexia and a form of adhd, my organisational skills are almost none excistant and i have a support worker for this.

 

if everyone has this opinyon that i dont deserve help then please tell me and i will leave.

[BRIGADIER2JCS]

How am i trying to be cleaver, i was told to put this up here, i want to pay the fine i just want to stay within the law granted i took the clamp of but i have a verry ill child and need to get to hospital at the drop of a hat and panicked if i could not use the car to do it, nobody has to help on here and im soooo appreciative of any help.

 

I suffer with dislexia and a form of adhd, my organisational skills are almost none excistant and i have a support worker for this.

 

if everyone has this opinyon that i dont deserve help then please tell me and i will leave.

I am sorry you have been upset by this, you will get any help you need here, we

do not allow personal attacks and the post has been unapproved.

[Gbarbm]

Well said Brig

[djwillyk]

I am sorry you have been upset by this, you will get any help you need here, we

do not allow personal attacks and the post has been unapproved.

 

thank you, i just dont know how all this works and am desperatly scared for my family, i offerd to pay what i could afford and more but he said 800+ or nothing and i just dont have that

[BRIGADIER2JCS]

I think you must report this bailiff, do you

know who he works for did he show you

proof that he was a bailiff.

The council are wrong they are entirely

responsible for the bailffs they employ.

Please make a formal complaint to the

CEO of your council about this asap.

Your partner has shown clearly that she

bought the car if the bailiff takes it report

it to the police as stolen.

[hallowitch]

I suffer with dislexia and a form of adhd, my organisational skills are almost none excistant and i have a support worker for this.

 

i have a verry ill child and need to get to hospital at the drop of a hat

 

http://www.justice.gov.uk/downloads/guidance/courts-and-tribunals/courts/enforcement-officers/national-standards-enforcement-agents.pdf

 

This is the National standards for enforcement agents read page (9) you are clearly a vulnerable debtor this is not legislation but all local authority's and bailiffs must abide by them

Get on the TEC read tomtubbys posts and try and understand them (perhaps your support worker could help you we would be happy to help her if she doesn't understand)

I'm not that good with PCN but obviously your letters have been going somewhere so ask TEC the exact address and post code thats on the warrant ask the date of the offence the date the warrant was issued and if its re- issue (the second time its been to TEC) ask for the forms tomtubby told you get

 

Then phone your support worker ask her to get in touch phone then follow it up with an e-mail regarding your vulnerable situation tell her to tell the council that your are the registered keeper but not the owner tell the council that the owner has purchase receipt (your girlfriend may want to get a statutory declaration also to back up her case )and a photo copy of this will be sent by registered post (if you are handing them into the council get a receipt) ask the council to put enforcement on hold for a few day to provide the information

 

The bailiffs are charging you £800+ and they left you a notice of distress can you put the fees up here so we can look at them because that does not look right me

 

Put them up exactly as the bailiff has written them on the notice of seizure

Vulnerable situations



Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.



Those who might be potentially vulnerable include:



the elderly;



people with a disability;



the seriously ill;



the recently bereaved;



single parent families;



pregnant women;



unemployed people; and,



those who have obvious difficulty in understanding, speaking or reading English.

 

 

 

I would just like to say in your situation my hubby would have taken an angle grinder to the wheel clamp regardless of whether it was right or wrong and nothing i could say would stop him